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(영문) 서울고등법원 2013.07.12 2013노1542
살인미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

misunderstanding of facts or misunderstanding of legal principles is not excessive but salted, and there was no intention to murder against the defendant.

The confession of the defendant against this is not voluntary due to the inducement of the investigative agency, and the victim's standing is also a serious injury.

The Defendant, at the time of committing the instant crime, was in a state of mental disorder by drinking alcohol, but the lower court neglected this.

The punishment sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.

The sentence imposed by the court below on the defendant is too uneasible.

However, the lower court rejected the Defendant’s assertion of mistake on the ground that the part of the Defendant’s assertion of mistake is identical to the grounds for appeal of this case, and the lower court stated in detail the Defendant’s assertion and its decision in the written judgment under the title “judgment on the Defendant and the

In light of the circumstances as shown in the reasoning of the court below duly adopted and examined by the evidence, the victim's testimony of the witness I and the victim's above body photographs presented by him can only be viewed as finch by the Do which is the day when the victim sent together with the knife at that time. In light of the fact that the victim was finched at the time of the crime of this case, the victim's finch was cut to approximately 1.5 cm on the side side of the knife at that time (Evidence Record 55 pages), this is not a form that may arise by the salted fish (Evidence Record 55 pages), the judgment of the court below that recognized the defendant's intentional murder is correct.

According to the records on the Defendant’s assertion of mental and physical disorder, it is recognized that the Defendant was drinking at the time of the instant crime, but considering the motive and circumstances of the instant crime, the means and methods of the crime, and the circumstances before and after the instant crime, etc., the Defendant is at the time of the instant crime.

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